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High Court for State of TelanganaWP/27155/2017disposed of no costs

Fareed Ahmed Khan, S/O.Ghulam Ghouse Khan, v. The State Of Telangana Rep. By Its Principal Secretary,

2017-08-11A V Sesha Sai2 pages

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.27155 of 2017 ORDER:

Heard learned counsel for the petitioner, learned Government Pleader for Municipal Administration & Urban Development (Telangana), learned Government Pleader for GHMC and Sri Shiv Kumar, learned counsel for the unofficial respondents.

In the present Writ Petition the petitioner herein is seeking a direction to the official respondents herein not to demolish the structures in House No.19-1-1052/25 within the compound wall admeasuring 140 sq.yards, situated at Bandalguda, Osman Bagh, Bahadurpura, Hyderabad. Substantially, for the same remedy the petitioner herein filed O.S.No.1507 of 2017 before the IV Junior Civil Judge, City Civil Court, Hyderabad on 28.06.2017 and a copy of the plaint in the said suit is also filed along with the writ petition material papers. Since a civil suit is pending consideration for the self-same relief, this Court is not inclined to entertain the present Writ Petition under Article 226 of the Constitution of India. For the aforesaid reasons, the Writ Petition is dismissed. However, it is open for the petitioner herein to pursue the said

civil suit pending before the IV Junior Civil Judge, City Civil Court, Hyderabad.

Consequently, miscellaneous petitions, if any, pending shall stand closed. There shall be no order as to costs. __________________ A.V.SESHA SAI, J 11th August, 2017 Tsy